[2025:RJ-JP:1685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 520/2024 1. Jamna Lal S/o Sh. Mangi Lal, R/o Kaithunipol, Behind Santoshimata Mandir, Ward Saray Kayasthan, Kota. 2. Ashok S/o Nathulal, R/o Kaithunipol, Behind Santoshi- mata Mandir, Ward Saray Kayasthan, Kota. ----Appellants Versus Yashwant Singh S/o Kesholal, R/o Brijrajpura, Ward-21, Indra Market, Kota. ----Respondent For Appellant(s) : Mr. Ravi Kumar Kasliwal Mr. Abhinav R. Kasliwal For Respondent(s) : Mr. J.P. Goyal, Senior Advocate with Mr. Pawan Chaudhary, Ms. Sakshi Tiwari and Mr. Siddharth Singh HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/01/2025 1. At the stage of admission, a suggestion is made that sufficient time be granted to appellants-tenant for vacation of the suit premises subject to enhanced payment of rent/mesne profit, on regular basis. 2. Learned counsel for appellants suggested time period of 3 years and learned Senior Counsel appearing for respondent agrees to it but on enhanced rent. Learned counsels for parties agreed that the appellants (tenant) would make payment @ ₹3,500/- per month as mesne profit (rent) till vacation of suit premises, on 31st December, 2027. 3. In view of aforesaid, this second appeal under Section 100 of CPC is disposed of in following terms:- [2025:RJ-JP:1685] (2 of 3) [CSA-520/2024] i. The judgment and decree dated 12.12.2012 in C.S. No.277/2002 affirmed in civil regular appeal No. 530/2014 (CIS No. 530/2014) on 16.08.2024 is hereby affirmed and the second appeal stands dismissed. ii. Time till 31.12.2027 is granted to appellants-defendant to vacate the suit premises and handover vacant possession of suit property to plaintiff or his assignee. iii. The appellants are restrained not to transfer or alienate the suit property till handing over the possession to respondent- plaintiff or his assignee. iv. The appellants-defendant shall pay mesne profit/rent at the rate of ₹3500/- (Rs. Three Thousand Five Hundred only) per month from 01.01.2025 till vacation of suit property to the respondent-plaintiff (landlord). The plaintiff-respondent shall intimate the bank account details to the appellant within a period of 4 weeks if, already not informed. Till 31.12.2024, the appellants shall make payment of rent/mesne profit at the rate determined by the Trial Court. v. The appellants-defendants will not cause any damage or substantial alteration to the property in dispute till its vacation and handing over the possession to the respondent-plaintiff. vi. In case of three consecutive default in monthly payment of rent or mesne profit, the respondent plaintiff is entitled for immediate execution of decree of eviction. 4. With aforesaid conditions, an undertaking with one surety of ₹2 Lakh will be submitted by the appellants-defendant to the satisfaction of learned trial Court, within a period of 30 days. 5. The appeal stands disposed of. [2025:RJ-JP:1685] (3 of 3) [CSA-520/2024] 6. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /27